227705

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16 September 2014 14/00900/B Page 1 of 4 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00900/B Applicant : Anne Catherine Lumley Proposal : Variation of condition 1 of PA 99/01051/B to remove agricultural/equestrian tie from property Site Address : Cronk-Ny-Fessag Little London Kirk Michael Isle Of Man IM6 1BD

Case Officer : Miss Laura Davy Photo Taken :

Site Visit :

Expected Decision Level :

Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NATURE OF THE PROPOSAL

1.0 THE SITE 1.1 The application site is the curtilage of Cronk-Ny-Fessag, Little London, Kirk Michael which is a detached dwelling with a number of outbuildings including a kennel building. The dwelling once had a significant acreage with it and had an agricultural occupancy condition attached to the dwelling. The dwelling now has only 10 acres associated with it and the occupancy condition was been varied to "The dwelling may be occupied by a person or persons employed or engaged in agriculture and/or equestrian related activities" (see Planning History).

2.0 THE PROPOSAL 2.1 The application now seeks approval for the removal of the following condition:

"The dwelling may be occupied by a person or persons employed or engaged in agriculture and/or equestrian related activities."

3.0 PLANNING HISTORY 3.1 There was an application in 1998 for the removal of the agricultural workers tie from dwelling - PA 98/00825/C: this was refused. A further application was submitted in 1998 which was for the creation of dog kennels and erection of front porch/conservatory - PA 98/02160/B: this was also refused. In 1999 there was an application for change of use from agricultural to equestrian - PA 99/01051/C: this was approved with the condition which is the subject of this application. There was also an application submitted in 2001 for the change of use of barn to create a dog kennels and erection of agricultural building - PA 01/00545/C: this was approved.

4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area zoned as open space not designated for a particular purpose on the 1982 Development Plan. Given the nature of the application it is appropriate to consider Housing Policy 7, Housing Policy 8, Paragraph 8.9.3 and Paragraph 8.9.4 of The Isle of Man Strategic Plan (adopted on 20th June 2007).

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16 September 2014 14/00900/B Page 2 of 4 4.2 Housing Policy 7 New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.

4.3 Housing Policy 8 Where permission is granted for an agricultural dwelling, a condition will be attached restricting the occupation to a person engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants.

4.4 Paragraph 8.9.3 In judging whether the need is sufficient to over-ride other policies, particular regard will be had to:- a) The previous or proposed severance of land and buildings; b) The agricultural justification for sub-division of a farm; c) The long-term viability of new or unproven agricultural enterprises such as small- holdings, market gardens, or horticulture; d) The extent to which the applicant's employment in agriculture is only part-time; and e) In the case of a retiring farmer, whether the proposal would result in vacation of an existing farm dwelling for agricultural use, and whether the applicant would continue to assist in the operation of the farm.

4.5 Paragraph 8.9.4 Such a condition will not usually be removed on subsequent applications unless it is shown that the long-term need for dwellings for agricultural workers, both on the particular farm and in the locality, no longer warrants reserving the dwelling for that purpose.

5.0 CONSULTATIONS 5.1 Michael Commissioners have no objections

6.0 ASSESSMENT 6.1 The application seeks approval for the removal of the agricultural/equestrian occupancy condition from the property. The main issues to consider in the assessment of the application are whether there is still a need for an agricultural dwelling in this location, whether the condition is enforceable and whether it is otherwise reasonable.

6.2 The dwelling has previously been used in association with an agricultural enterprise and as such an agricultural occupancy condition was attached. There was a previous application in 1998 to remove the condition but this was unsuccessful and the application was refused.

6.3 The applicant has explained in their submission that the agricultural pursuits carried out at the property were financially unsuccessful and in 1999 an application was submitted to change the condition from agriculture to equestrian as they intended to use the land for cross country events. This application was approved and the condition was changed to:

"The dwelling may be occupied by a person or persons employed or engaged in agriculture and/or equestrian related activities."

6.4 The applicant explains that this too was not a success as there was little call for another equestrian venue of this nature. The applicant has explained in their supporting information that a lot of the land was sold off and an application for change of use of a barn to create dog kennels and erection of an agricultural building was submitted. This application was submitted in 2001, and was approved.

6.5 The applicant has run a boarding kennels business since 2001 and has had no involvement in agriculture since this date and little to do with equestrianism.

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16 September 2014 14/00900/B Page 3 of 4 6.6 The supporting paragraphs of the agricultural policies states that conditions will not usually be removed unless it is shown that there is no longer a long-term need for dwellings for agricultural workers on that particular farm or in the locality. The applicant has not provided information demonstrating that there is no long-term need for an agricultural worker's dwelling on the farm or in the locality and therefore does not comply with the points set out in these paragraphs.

6.7 However, if the condition was intended to restrict its occupancy to just agricultural workers or equestrian workers, then it was badly worded. It says that it "may be occupied by persons employed or engaged in agriculture and/or equestrian related activities". It does not say it 'may only be'. Therefore it does not restrict the use of the dwelling to just those employed in agriculture and therefore is not effective in reserving such a dwelling for the agricultural community.

6.8 The way the condition is worded means that even people who are not employed or engaged in agriculture and/or equestrian related activities could live in the property and it would be very difficult to take enforcement action in such an instance.

6.9 Given the wording of the condition, the limited land attached to the property and that the premises are currently run as boarding kennels it is considered that it would be unlikely that the Department could effectively enforce such a condition.

6.10 Given the ambiguity of the wording it is considered reasonable in this instance to remove the condition.

6.11 For these reasons the application is considered to be acceptable and is recommended for approval.

7.0 PARTY STATUS 7.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, and the Local Authority, Michael Commissioners in whose district the land the subject of the application sits.

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

26.08.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

C 1.

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16 September 2014 14/00900/B Page 4 of 4 This approval relates to the removal of agricultural/equestrian occupancy condition (1 of planning application PA 99/01051/B) from dwelling (Cronk-Ny-Fessag) detailed within the planning application. The effect of this approval is to allow the occupation of the dwelling without restriction.

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This approval relates to Drawing Location Plan date stamped 28th July 2014.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ...Approved... Committee Meeting Date : ...15/9/14...

Signed :...L Davy... Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO